No. 15 Landlords & Tenants in the District Court of Maryland
[Pages:4]No. 15
A newsletter for tenants & landlords
July 2002
Landlords & Tenants in the District Court of
Maryland
Sections 8-118, 8-211, and 8-401 of the Real property Article, Maryland Annotated Code
Landlords and Rent Cases
When can a suit for failure to pay rent be filed? Whenever a tenant has failed to pay rent which is due and payable under a verbal or written lease, the landlord can file suit to repossess the rented premises. How is a suit for failure to pay rent filed? The landlord must obtain and complete the form "Failure to Pay Rent: Landlord's Complaint for Repossession of Rented Property." This form is available at District Court locations for landlords needing one or two forms only; larger quantities must be purchased from District Court Headquarters. When the completed form is filed at the court, costs must be paid. (Additional fees may be required for personal service.) What remedies may the landlord request? A landlord filing suit for failure to pay rent may request an order for repossession of the premises only or may request repossession of the premises and a money judgement for the amount of rent due plus late fees, court costs, and attorney's fees. A money judgement may be considered only if the defendant appears in court or has been personally served with the Failure to Pay Rent form. There is an additional cost for each defendant for personal service of the form by the sheriff or constable. When will the trial be scheduled? The trial cannot be scheduled until at least the fifth day after the Failure to Pay Rent form is filed. If the fifth day falls on a weekend or holiday, the trial may be scheduled on the first day after the weekend or holiday, or the next scheduled day for Landlord/Tenant actions. On the day of the trial, the judge may postpone the trial for one day to allow either the landlord or the tenant to obtain necessary witnesses. If both the landlord and the tenant agree, the trial may be postponed for more than one day.
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How is the tenant notified of the suit? A copy of the Failure to Pay Rent form is mailed to the tenant. If personal service has been requested, the sheriff or constable makes several attempts to find the tenant at the rented premises and personally deliver a second copy of the Failure to Pay Rent form. If personal service has not been requested, the sheriff or constable posts the form in a conspicuous place on the rented premises (usually on the door). The trial date and time are shown in the upper right-hand corner of the Failure to Pay Rent form. What happens at the trial? If neither the landlord nor the tenant appears for the trial, the suit is dismissed. If the tenant appears but the landlord does not, a judgement may be entered in favor of the tenant. If the landlord appears but the tenant does not, a judgement may be entered in favor of the landlord. Unless the defendant has been personally served with the Failure to Pay Rent form, the judgment will be for repossession of the premises only. If both the landlord and the tenant appear, the court may enter a judgment in favor of either party. If the judgement is in favor of the landlord, the court may award repossession of the premises and/or it may award the landlord a money judgement in the amount of the rent due and the costs of the suit. Does either party have the right to a jury trial? If the amount claimed by the landlord is more than $10,000, or the interest of the tenant in the lease is more than $10,000, either the landlord or the tenant may request a jury trial. Any request by the landlord must be made in writing and must be filed with the Failure to Pay Rent form at the beginning of the suit. Any request by the tenant must be made in writing and must be filed either before or at the time of the District Court trial. If either party requests a jury trial, the case is transferred to the Circuit Court. When a suit for failure to pay rent is transferred to the Circuit Court, the tenant is required to pay all rents as they come due before trial, into an escrow account at the Circuit Court or to the landlord. At the conclusion of the suit, the Circuit Court will decide who is entitled to the money in this account. IF THE TENANT FAILS TO PAY THE REQUIRED AMOUNT INTO THE ESCROW ACCOUNT, THE LANDLORD MAY ASK THE COURT TO ENTER A JUDGEMENT IN HIS (THE LANDLORD'S) FAVOR AND TO ISSUE A WARRANT FOR THE EVICTION OF THE TENANT. How can a judgement in favor of the landlord be enforced? If the landlord has obtained a judgement for repossession of the premises, and if the tenant does not pay the amount determined to be
due within four business days after the trial, the landlord may request that the court issue a warrant for the eviction of the tenant. (The landlord should complete a "Petition for Warrant of Restitution"; costs must be paid.) Any judgement for repossession of the premises is enforceable for 60 days after the date of the judgement; after 60 days no warrant for eviction can be issued. If the landlord has obtained a money judgement, he/she may have the judgement recorded and may seek to have the judgement satisfied by any of the means available in the District Court. A brochure which explains post-judgement procedures is available in the civil clerk's office. Does either party have the right to appeal the decision of the judge? The tenant or the landlord may appeal from the judgement of the District Court to the circuit court within four business days from the date of the judge's decision. (Any Saturday, Sunday, or any legal holiday is not counted as part of the four day time period.) This may be accomplished by filing an Order for Appeal and the required appeal costs with the clerk of the District Court where the case was heard. A bond is required to stay execution of judgement until the appeal is heard in the circuit court. The appeal, nor the bond, stay the payment of future rent. The landlord can file another claim for unpaid rent that becomes due after the appeal has been filed.
Tenants and Rent Cases
Can the tenant be evicted even if he/she pays his/her rent? Not usually. In most cases the tenant cannot be evicted if he/she pays the amount the court decided was due, plus court costs, at any time before the eviction. It must be paid to the landlord in cash, certified check or money order. But certain tenants may be evicted even if they pay the amount due. In most jurisdictions, the landlord may ask for an order without the right of redemption if a tenant has had three (3) judgements of possession (In Baltimore City, need four (4) judgements prior to the current suit) against him/her during the twelve (12) months before the filing of the current suit. The landlord must provide the Court with a list of case numbers and judgement dates. If the right of redemption is granted by the judge then the tenant may be evicted even if he/she pays the rent due. Is the tenant notified when an eviction has been ordered? When the Warrant of Restitution (eviction) is issued, the tenant is mailed a copy. This is the tenant's only notice that an eviction has been ordered. The eviction can take place at any time after the warrant is issued, but not on a Sunday or holiday.
continued on page 2
July 2002
Page Two
continued from page 1
If the tenant is evicted, what happens to his/ her household goods? This depends on local law and custom. Usually, the goods are removed from the property. Once the goods are removed from the property, the tenant is responsible for their safety.
Tenant Complaints
Can assistance be obtained by a tenant who cannot pay? Any tenant who cannot pay past due rent should talk to his/her landlord and attempt to work out a reasonable schedule of payments. Local and State government agencies may also be able to help. Contact your local Department of Social Services for information on such agencies. Can assistance be obtained by a tenant in a building with dangerous defects? Maryland law imposes an obligation upon landlords to repair and eliminate conditions and defects which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to life, health or safety of tenants. Such conditions and defects include, but are not limited to, the following: Lack of heat, light, electricity, or hot or cold running water, except where the loss of the utilities is the direct result of the tenant's failure to pay the charges; Lack of adequate sewage disposal facilities. Rodent infestation in two or more dwellings; Lead paint within a dwelling unit; Any structural defect which presents a serious and substantial threat to the physical safety of the occupants; Any condition which presents a health or fire hazard. A tenant occupying a dwelling with a dangerous condition or defect must see that the landlord is notified of the condition or defect and given a reasonable period of time in which to correct it. The landlord must be notified by: (1) actual notice; OR (2) certified mail; OR (3) a violation, condemnation or other notice from a State or other government agency. If the condition or defect is not corrected within a reasonable period of time (any period over a month is considered unreasonable unless proven otherwise), the tenant in most counties may file an action of RENT ESCROW in the District Court. If the tenant proves the existence of the dangerous condition or defect, the judge may order all rent to be paid into an escrow account. The money is then held by the court until the condition or defect is corrected. The judge may also order the amount of rent reduced because of the defects in the dwelling. NOTE, however, that relief under the rent escrow law is subject to the following conditions: (1) Baltimore City
(a) A tenant is not eligible for instituting rent escrow action if six (6) or more judgements of possession have been entered against him/her during the year preceding the initiation of the action. (b) A tenant who has lived on the premises for only six (6) months or less is not eligible for instituting rent escrow action if more than three (3) judgements of possession
have been entered against him/her during the tenancy. (2) In the Counties (a) Rent on Monthly Basis: A tenant is not eligible for instituting rent escrow action if four (4) or more judgements of possession have been entered against him/her during the preceding 12-month period of tenancy. (b) Rent on Weekly Basis: A tenant is not eligible for instituting rent escrow action if six (6) or more judgements of possession have been entered against him/her during the preceding 12-month period of tenancy. A tenant who has lived on the premises for only six (6) months or less is not eligible for instituting rent escrow action if three (3) judgements of possession have been entered against him/her during those months of tenancy. The rent escrow form is available in the District Court civil clerk's office. The existence of dangerous conditions or defects may be raised as a defense if a landlord has filed suit for failure to pay rent.
Tenants Refusing to Vacate
What action can a landlord take against a tenant holding over? Before any action in court, the landlord must have already notified the tenant in writing of a wish to repossess the premises. That notice must have been within one of the following time frames: Week-to week tenancies: A week's notice. Leases of indefinite time: Month's notice prior to repossession. Year-to-year leases: Three month's notice. In Baltimore City: Sixty days notice is required, including when the lease is monthto-month. At court the landlord files a Complaint and Summons Against a Tenant Holding Over form along with a copy of the notice sent before the holding over problem began. In this action, the landlord may claim restitution of premises alone or, further, may also sue for damages. At trial, if the court finds in favor of the landlord the warrant for eviction may issue immediately without the required waiting period.
Tenants Breaching Lease
What resourse for landlord in breach of lease? Before any action in court, the landlord must have already notified the tenant of the violation of their lease agreement and of a wish to repossess the premises. The notice should make clear that the tenant has 30 days to quit the premises. If the tenant does not comply with the landlord's request in that time, then court action may be taken. At court, the landlord files a Complaint and Summons Against Tenant in Breach of Lease form along with a copy of the notice sent at least 30 days prior. If a money judgement is sought, the landlord should file a separate complaint. At trial, if the court finds in favor of the landlord the warrant for eviction may issue immediately without the required waiting period.
--[Reprinted with permission from The District Court of Maryland from the Landlord/Tenant Brochure]
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Landlord & Tenant Rental Tips
OE Before a tenant moves into the rental property, make sure that a pre-movein inspection is conducted by the tenant and landlord. Test appliances, plumbing fixtures, windows, etc. At the time of this inspection, make sure to document any damages, water leaks, as well as malfunctioning appliances. Also document the overall condition of interior and exterior of the property.
? Take photos or movies of walls, carpets, windows, screens, doors, etc. This will provide further documentation of the condition of the property before the move-in date.
Z The rental contract should list all appliances and amenities that are provided with the rental property. Do not move into a rental property unless you have a rental contract signed by all parties.
? Any agreements between the landlord and tenant should be in writing and be included as an addendum to the original rental contract. Items such as replacement of carpet, routine cosmetic maintenance, painting, etc., should be addressed prior to signing the rental contract and moving into the property.
? The landlord should acquire credit reports, references from previous landlords, and criminal background investigations prior to the execution of the rental contract. This will assist with the screening process prior to the selection of a tenant.
` The tenant should acquire references about the prospective landlord or property manager that will be leasing the property. Ask questions about timely maintenance issues and service policies. A good landlord or property manager will resolve service problems in a timely manor and maintain properties throughout the year.
' It is recommended that landlords require a security deposit equivalent to one month of rent. The security deposit could be used in the event that property damages occur during the term of the lease. Allowing tenants to move into rental properties without providing a security deposit is not recommended.
" When a tenant vacates the rental property, he or she should leave the property in good, clean condition. All personal belongings and trash should be removed from the premises. Carpet, tile, walls, plumbing fixtures, etc., should be clean and free of damages. Leaving a rental property in good condition will ensure the return of the security deposit to the tenant and encourage landlords to continue to provide properties for the Section 8 Housing Program.
July 2002
Page Three
Security Deposits: Maryland Code, Real Property, Section 8-203
This law applies to all residential tenancies, whether the lease is written or oral. (a) Definition--a "security deposit" is any payment of money, including the final month's rent paid in advance, which is given to the landlord by the tenant in order to protect the landlord against non-payment of rent or damage to the leased premises, common areas, major appliances, and furnishings. (b) Maximum amount--the maximum amount which the landlord may require as a security deposit for each dwelling unit is the equivalent of two month's rent. This is regardless of the number of tenants in the unit. If the landlord charges more than this, the tenant may recover up to three times the excess amount plus reasonable attorney's fees. The tenant's action to recover this amount may be brought at any time during the tenancy or within two years after termination. (c) Receipt--the landlord must give to tenant a written receipt for the security deposit as specified in section 8-203.1 and is liable to the tenant for $25 is he fails to do so. The receipt may be included in the written lease. List of existing damages--either the lease or the receipt must contain language informing the tenant of his right to receive from the landlord a written list of all existing damage to the leased premises if the tenant so requests in writing within the first 15 days of his occupancy. If requested, the landlord must provide the list of damages. If he does not, he is liable to the tenant for three times the amount of the security deposit. This liability of the landlord may be reduced by any damages or unpaid rent which he is entitled to under this section. (d) Bank account--the landlord shall maintain all security deposits in federally insured financial institutions, as defined in section 1101 of the Maryland Financial Institutions Article, which do business in the state. The landlord must deposit the amount of each security deposit in that account within 30 days after receiving it. The security deposit account cannot be attached by the landlord's creditors. In the event of sales or transfer of any sort, including receivership or bankruptcy, the security deposit is binding on the successor in interest to the person to whom the deposit is given. (e) Return of deposit to tenant; interest--the landlord must, within 45 days after the end of tenancy, return to tenant the security deposit minus any amount which he may rightfully withhold. Simple interest of 4% per year must be paid on security deposits of $50 or more and must accrue at 6 month intervals from the day the security deposit was given. Interest is not compounded. If the landlord, without good reason, fails to return any part of the security deposit within 45 days after the end of the tenancy, he is liable to the tenant for up to three times the withheld amount of the security deposit plus reasonable attorney's fees. (f) Withholding of deposit--the security deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of lease or for damage by the tenant or the tenant's family, agents, employees, guest or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, and furnishings owned by the landlord. If the tenant notifies the landlord by certified mail that he intends to move out, the date of
moving and his new address, he will have the right to be present when the landlord inspects the premises to determine if any damage was done. The notice must be mailed at least 15 days prior to date of moving. Landlord must then notify tenant by certified mail of the time and date of inspection, which must be within 5 days before or 5 days after tenant's move. If the landlord fails to notify tenant in writing at the time of payment of the security deposit, of his rights under this subsection relating to the inspection, then the landlord forfeits the right to withhold any part of the Security deposit for damages, including unpaid rent. If the landlord attempts to use the deposit to compensate for breach of the leased agrement, he can only claim the actual amount of money lost due to the tenant's breach. If the landlord re-rents the property before the end of the tenant's term, his actual damages are reduced by the amount he gains from the new agreement. (g) Notice to tenant--if the landlord withholds any part of the security deposit, he must send to the tenant by first class mail to his last known address, a written list of the damages he claims, together with a statement of costs actually incurred. If the landlord fails to do this within 45 days after termination, he loses the right to use the deposit to offset damages, including unpaid rent. (h) Tenant ejected or evicted or abandoning--where tenant has been evicted or ejected for breach of the lease, or has abandoned the premises prior to termination
Meet the Staff
Pamela Jones
Housing Counselor
Responsibilities
Ms. Jones is responsible for processing the day-to-day activities for clients under the housing programs Housing Choice Voucher, Rental Allowance Program (RAP & RTW), and Housing Opportunities for People with Aids. Her duties include interviewing tenants, conducting recertifications, and answering questions and concerns by landlords or tenants.
Experience/Training
Ms. Jones' previous employment was a services associate with the Women, Infants and Children Program (WIC) through the Charles County Health Department. For over six years she determined eligibility and issued vouchers for nutritional supplement. Ms. Jones has also worked for Tri-County Community Action Committee where she provided services under the Maryland Energy Assistance Program (MEAP).
Goals
Ms. Jones' hopes to continue to gain more knowledge in the housing field and help her clients to progress in their efforts to achieve self sufficiency.
of the lease, the procedure for return of the security deposit is as follows:
1) Within 45 days after leaving the premises, tenant sends to landlord by first class mail a request for return of the security deposit, and informs landlord of tenant's new address.
2) Within 45 days of receipt of the notice, landlord sends to tenant, by first class mail, a list of damages deducted from the security deposit and a statement of costs actually incurred. Within 45 days of receipt of tenant's notice, landlord sends to tenant the security deposit with simple interest of 4% per year minus damages properly withheld.
3) If landlord fails to send the list of damages, he forfeits the right to withhold any part of the security deposit for damages. If he fails to return the security deposit as required, tenant may sue for up to three times the withheld amount, plus reasonable attorney's fees. (j) Waiver of section's provisions--the provisions of this law cannot be waived in any lease. Security deposits began to earn interest on March 5, 1973. From March 5, 1973 to July 1, 1980, the rate was 3% per year. On July 2, 1980, the rate was increased to 4%.
--[Reprinted with permission from Baltimore Neighborhoods, Inc.]
Section 8 News is a publication of the Charles County Department of Community Services. Community Services is responsible for County services involving aging, child care, grants, housing, public transportation, and recreation. For information regarding this newsletter or any Community Services program, contact the Department of Community Services:
8190 Port Tobacco Road Port Tobacco, Maryland 20677 301-934-9305 ? 301-870-3388 ? 301-932-6004 MD Relay Service: 711 ? TDD: 1-888-735-2258
The mission of Charles County Government is to provide our citizens the highest quality service possible in a timely, efficient, and courteous manner. To achieve this goal, our government must be operated in an open and accessible atmosphere, be based on comprehensive long- and short-term planning, and have an appropriate managerial organization tempered by fiscal responsibility.
Charles County Commissioners Murray D. Levy, President
Robert J. Fuller ? James M. Jarboe Wm. Daniel Mayer ? Allan R. Smith Equal Opportunity County ? Say No To Drugs
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Look for our next issue in October.
If you would like more information on any of the articles found in this newsletter, please contact the Housing & Community Development Division at at 301-934-0112.
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